Basics of Family Law
Custody, Guardianship, Access
How can I change my current court order or agreement?
We strongly recommend that you get legal advice before you make any changes to your agreement or ask for a new court order.
The process for changing a child custody, guardianship or access order or agreement depends on whether you and the other parent are in agreement about the change.
If you agree
- If you have an order from the Provincial Court, and you both agree to change it, go to the court that made the original order and ask court staff to provide you with the appropriate forms and instructions. In most cases, the change can be made without a court hearing.
- If you have an order from the Supreme Court, and you both agree to change it, you can draft your own change forms, following exactly the information provided in the Supreme Court (Civil) Rules, available on-line. However, the Supreme Court process is complex. Please see court staff for more information, and you may also want to talk to a lawyer. Like Provincial Court, in most cases, the change can be made without a court hearing.
- If you have an agreement, rather than a court order, and you both agree to change it, you can either revise the existing agreement or write a new one. It's also a good idea to file your revised agreement with the court. Once it's filed, you can ask the court to enforce it for you if you run into difficulty later on.
If you do not agree
If you and the other parent do not agree - for example, you want to change the existing order or agreement, but the other parent does not - there are people who may be able to help you come to an agreement. They include Family Justice Counsellors and private mediators.
If, after mediation or counselling, you still cannot agree to change your order or agreement, you will need to apply to the court and ask a judge to change it. The judge will make a decision based on the best interests of the children. To determine this, the judge will consider a number of factors, including the children's physical and emotional well-being and the ability of each parent to meet the children's needs. In most cases, you will also need to show the judge that there has been a significant and relevant change (also called a "material" change) of circumstances since your order or agreement was made.
To find out more about the court process and applying for a court order, please see our web site sections called If You Go to Provincial Court and If You Go to Supreme Court.
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